1. The debtor, who is the taking-over of the lawsuit of the defendant B in the trial court, is the taking-over of the lawsuit of the debtor B in the judgment of the court.

1. The parties' assertion

A. The Plaintiff’s assertion 1) around the end of December 2012, 2012, the Defendant (a joint stock company B was changed from A Co., Ltd. to M Co., Ltd. on March 30, 2015) (a joint stock company B received a decision on July 24, 2014 (Cheongju District Court 2014 Ma5002) and appointed C as a custodian. The Plaintiff reported the claim to the above court on September 3, 2014, within the period for reporting the rehabilitation claim, but the custodian C raised an objection thereto, and thereafter, C took over the instant litigation procedure against the Plaintiff Co., Ltd.

However, on January 29, 2016, in the course of the trial on the above rehabilitation case, there was a decision to discontinue the rehabilitation procedure on January 29, 2016, and such decision became final and conclusive on March 2016, the Defendant again taken over the instant lawsuit.

[2] As between the Plaintiff and the Defendant, the Plaintiff agreed to supply rice and food materials to the Defendant at the end of each month and entered into an agreement on goods supply to pay the price on the 15th day of the following month. 2) The Plaintiff used a name that is delegated by the Defendant’s representative director C with the authority to represent the Defendant, such as the representative or the president. D constitutes an employee who has the representative director (Article 395 of the Commercial Act) or an exclusive power of attorney (Article 15(1) of the Commercial Act), upon the order of the Defendant, supplied the Defendant with food materials equivalent to KRW 27,774,100 from January 111, 201 to February 21, 2013. However, the Plaintiff did not pay the said money to the Defendant for the modification of the claim amount from the Defendant’s representative director to KRW 250,500 from March 28, 2013, to KRW 25,585,201.